“Its an unusual provision,” Freeman just told me, who has been following the email story. The government can decide either way, he said. Why?

“I think the notion is in some cases is if you’re employer knows you’re looking for a job, he or she may not feel kindly about that. But in other context, if you take a civil service test, the people who pass are identified on an eligible list which is public.”

According to Freeman, if someone was to try to FOIL the names of people who applied for jobs with the Spitzer administration, “It could be rejected. Then again, the agency could chose to disclose. ”